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Item 7.i.
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| City Council Regular | |
| Date: | 09/12/2022 |
| Title: | Public Hearing & Resolution for Nuisance Property Abatement Assessments |
| Presented by: | Andy Zoeller, Finance Director |
| Department: | Finance |
| Presentation: | Yes |
| Legal Review | No |
RECOMMENDATION
Staff recommends that the City Council conduct a public hearing and pass the attached assessment resolution.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
A nuisance property abatement assessment resolution has been completed and the assessment is ready to be placed on the taxes for the following properties.
(A09708) The property located at 1702 Avenue D had a complaint called in and new case opened on 09/02/2020 for Construction of a fence without permit. Nicole Cromwell sent a letter per the request from Tom Pardy and Brent Brooks detailing what needs to happen and by 25th of Sept. Code Enforcement attempted to serve citation to Karls on 10-30-20. A citation was mailed via certified mail 11-12-20 with a copy of the fence permit, several emails between Karls and Chris Hertz City Engineer stating the fence cannot be over 30 inches in height. 3/10/2021, case presented with multiple written notices and email and photos, case lasted for over an hour. Case proven, Judge notified Karls that his fence is in clear violation and if anyone is hurt he would be liable. Judge ordered Karls to fix the fence, apply for a new fence permit. Status hearing April 7th, 1300 hrs. 4/1/2022 Mailed a copy of letter from Tina Hoeger with copies of the Judge’s order of denial of relief and the court order from Judge Kolar for abatement Friday April 1st 2022. At 0800 April 6th, Jares fence had 2 workers remove the fence, Solid waste provided crane truck to remove the panels. Had Ofc's Keightly and Schara stand by while the fence abatement proceeded. We removed the entire 6 foot fence and posts cut flush to the raised cement raised curbing. The $644.00 invoice remains unpaid.
(A09301) On 10/22/20 the house on property located at 202 Jackson was called in as a complaint for several junk vehicles stored outside. Several notices and pictures where sent to the home owner asking for vehicle removal. Minimal progress was being made with the notices and pictures being sent. 12/24/20 a Notice to appear was sent certified mail. On 1/8/21 the notice was served and signed for by Robert Parker. 6/21/21 Robert parker appeared in Court. Court was continued until 7/28/21 for a show cause hearing. On 7/28/21 Municipal Court Judge Michelle R Lee, found in favor of Code Enforcement to get the property into compliance with City Codes. On 8/20/21, met with the owner at the violation address and explained what needed to be removed to be in compliance. On 3/1/22 the abatement started. It took less than 2 hours to complete. The work was complete on time and in a satisfactory manner on 3/1/22. The property owner, Robert Parker, was sent an invoice for the work in May, 2022. The $675.08 bill remains unpaid.
(A19838) The property located at 917 Aronson Ave had a complaint called upon it on February 3rd, 2020 for Junk Vehicles, Open Storage, and Parking in Front Yard. Over the course of the next two years, plenty of notices were sent out to gain compliance but still nothing moved, nothing was cleaned up, and none of the vehicles got an up to date registration. Contact was finally made in person in August 2020 to finally get something moving to which the resident complied with. Even after contact still nothing got done for four months so a citation was in order for court to try and gain compliance via an abatement.
Got the approval of an abatement order in January 2021 but a mishap with the abatement wording was wrong and had to be re-done. Additional family members got involved later throughout the year so additional time was given to see if they could talk him into getting things into compliance as well as help him out further. Extensions given. Finally towards late 2021, asked for a status hearing of this case to further progress in the abatement proceedings because no progress was made. Finally an abatement order was presented in January 2022 and abatement conducted and finished early February 2022. Property owner Bryan Redlich was invoiced the amount of $513.48 on 2/18/2022 that is still unpaid.
(A09708) The property located at 1702 Avenue D had a complaint called in and new case opened on 09/02/2020 for Construction of a fence without permit. Nicole Cromwell sent a letter per the request from Tom Pardy and Brent Brooks detailing what needs to happen and by 25th of Sept. Code Enforcement attempted to serve citation to Karls on 10-30-20. A citation was mailed via certified mail 11-12-20 with a copy of the fence permit, several emails between Karls and Chris Hertz City Engineer stating the fence cannot be over 30 inches in height. 3/10/2021, case presented with multiple written notices and email and photos, case lasted for over an hour. Case proven, Judge notified Karls that his fence is in clear violation and if anyone is hurt he would be liable. Judge ordered Karls to fix the fence, apply for a new fence permit. Status hearing April 7th, 1300 hrs. 4/1/2022 Mailed a copy of letter from Tina Hoeger with copies of the Judge’s order of denial of relief and the court order from Judge Kolar for abatement Friday April 1st 2022. At 0800 April 6th, Jares fence had 2 workers remove the fence, Solid waste provided crane truck to remove the panels. Had Ofc's Keightly and Schara stand by while the fence abatement proceeded. We removed the entire 6 foot fence and posts cut flush to the raised cement raised curbing. The $644.00 invoice remains unpaid.
(A09301) On 10/22/20 the house on property located at 202 Jackson was called in as a complaint for several junk vehicles stored outside. Several notices and pictures where sent to the home owner asking for vehicle removal. Minimal progress was being made with the notices and pictures being sent. 12/24/20 a Notice to appear was sent certified mail. On 1/8/21 the notice was served and signed for by Robert Parker. 6/21/21 Robert parker appeared in Court. Court was continued until 7/28/21 for a show cause hearing. On 7/28/21 Municipal Court Judge Michelle R Lee, found in favor of Code Enforcement to get the property into compliance with City Codes. On 8/20/21, met with the owner at the violation address and explained what needed to be removed to be in compliance. On 3/1/22 the abatement started. It took less than 2 hours to complete. The work was complete on time and in a satisfactory manner on 3/1/22. The property owner, Robert Parker, was sent an invoice for the work in May, 2022. The $675.08 bill remains unpaid.
(A19838) The property located at 917 Aronson Ave had a complaint called upon it on February 3rd, 2020 for Junk Vehicles, Open Storage, and Parking in Front Yard. Over the course of the next two years, plenty of notices were sent out to gain compliance but still nothing moved, nothing was cleaned up, and none of the vehicles got an up to date registration. Contact was finally made in person in August 2020 to finally get something moving to which the resident complied with. Even after contact still nothing got done for four months so a citation was in order for court to try and gain compliance via an abatement.
Got the approval of an abatement order in January 2021 but a mishap with the abatement wording was wrong and had to be re-done. Additional family members got involved later throughout the year so additional time was given to see if they could talk him into getting things into compliance as well as help him out further. Extensions given. Finally towards late 2021, asked for a status hearing of this case to further progress in the abatement proceedings because no progress was made. Finally an abatement order was presented in January 2022 and abatement conducted and finished early February 2022. Property owner Bryan Redlich was invoiced the amount of $513.48 on 2/18/2022 that is still unpaid.
ALTERNATIVES
City Council may:
- Approve; or,
- Not Approve, in which case the property owners will not be assessed, and the General Fund will be responsible for paying for the abatement.
FISCAL EFFECTS
The assessments total $1,832.56 and will reimburse the General Fund.